Can I Still Claim Compensation if a Car Accident Was Partly My Fault?

 Posted on September 26,2019 in Personal Injury

There are very few things in this world that are strictly black and white. When it comes to personal injury claims, specifically for auto accident injuries, it can be difficult to place all of the blame on one person. Many car accidents involve actions by more than one driver that led to the crash. In some cases, the person making the injury claim may have even played a role in causing the collision. However, that does not necessarily mean that he or she is unable to claim compensation for injuries suffered in the accident.

Determining Fault for an Accident

After a car accident, the primary task is determining who is at fault for the crash. Figuring out who is liable can be difficult, because the events of the accident must be pieced together. To prove fault, you will have to show that the other driver was responsible for causing you harm, resulting in damages. Typically, this means you are providing evidence that another person acted negligently. In some cases, there may be more than one party responsible for causing the accident, or you may even have played a part in causing the accident. This is when the concept of comparative negligence comes into play.

What Is Comparative Negligence?

Comparative negligence is a rule that allows fault for a personal injury claim to be assigned to more than one person. Illinois is one of the states that assign negligence on this basis. The first step in a car accident injury case is determining whether or not there is more than one party who is at fault for the collision. If it is concluded that more than one party is at fault, then a determination is made as to the percentage of fault. As long as the person claiming damages is assigned no more than 50 percent of the blame, he or she can still collect damages.

Contact a DuPage County Personal Injury Attorney

If you have been injured in a vehicle crash, you know how emotionally and financially stressful it can be. At the Mevorah & Giglio Law Offices, we understand that not all auto accidents are simple when it comes to determining fault. If you think that your actions may have played a part in causing your collision, you should still contact our diligent Lombard, IL car accident injury lawyers. Our skilled legal team will analyze your car accident and determine whether or not you are likely to be assigned partial responsibility. Even if you are apportioned some of the fault, you can still seek damages. Call our office today at 630-932-9100 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2017&ChapterID=56

https://www.investopedia.com/terms/c/comparative-negligence.asp

https://www.law.cornell.edu/wex/comparative_negligence